Scottish Executive

Agriculture

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive what plans it has to simplify the regulatory system applied to the agriculture industry.

Ross Finnie: The Scottish Executive will continue to press the European Commission to allow further simplification of the subsidy schemes on such things as form filling, proportionality of penalties, inspection procedures and detailed scheme rules.

Animal Disease Surveillance

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive what consideration it has given to whether bats pose a risk to humans in the transmission of rabies and whether any guidance or advice has been, or will be, issued to the medical profession in respect of patients that may have suffered a bite or an abrasion from a bat.

Malcolm Chisholm: The Chief Medical Officer issued guidance to health professionals on 19 November 2002, which included advice on the care of patients who may have suffered a bite or an abrasion from a bat. It also confirmed that bats do not pose a serious risk to the general public or to pets and domestic animals. Bats are naturally timid and at this time are hibernating.

  The risk to the public is minimal unless they handle bats. Almost all bat-handling licences have been withdrawn by Scottish Natural Heritage.

Care of Elderly People

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive, further to the answer to question S1F-2269 by Mr Jack McConnell on 21 November 2002, what financial assumptions were used to compute the total provision for implementation of free personal care for the elderly in the Highland Council area; which assumptions formed the basis of its conclusion that the "total provision for implementing the policy is sufficient to enable all local authorities to meet their commitments to existing self funding residents"; what estimate it made of the additional demand stimulated by this policy, and whether it will review its allocation in the light of evidence on the demand and take-up rate of free personal care in the council area.

Mr Frank McAveety: Highland Council's free personal and nursing care total allocation in 2002-03 was £4.106 million. Of this, £2.092 million was based on the most recent information available on the number of   residents funding their own care in residential and nursing homes in that area. In addition, the council received £2.014 million which was distributed pro rata through the Grant Aided Expenditure formula for social work services for home-based older people.

  The Spending Review 2002 settlement reflects the Care Development Group's (CDG) costing assumptions for free personal care. The group took into account, as key influences, demography along with other relevant health and social factors, change in the unit costs of care, supply of informal care and possible shifts in care provision. Their assumptions estimated an increase in demand from unmet need and a shift from informal to formal care of approximately 12% building up over the first two years of the policy to 2004-05. The Executive provided resources in excess of those identified by the CDG.

  The Executive will be collecting data from local authorities on the uptake of free personal and nursing care on a quarterly basis. This will inform whether any adjustment of allocation is necessary.

Courts

Scott Barrie (Dunfermline West) (Lab): To ask the Scottish Executive when it will publish Lord Bonomy’s Review of the High Court.

Mr Jim Wallace: I am pleased to announce that I am today publishing Lord Bonomy’s report and launching a wide-ranging four month consultation on its recommendations.

  I am most grateful to Lord Bonomy for his thorough and detailed report. He has considered carefully the causes of the current difficulties in the High Court and put forward a range of practical solutions designed to serve the interests of justice and to improve the experience of victims, witnesses and jurors. We are committed to reform of the High Court, and his report gives an excellent basis on which to take that reform forward.

  We are today writing to all the key stakeholders (including the Justice Committees) with copies of the report and inviting their comments. We are also inviting comments from all those individuals and groups who responded to Lord Bonomy’s earlier request for views. The report will also be available electronically on the Scottish Executive’s consultation website, and we are lodging copies in the Parliament’s Reference Centre (Bib. number 25575). Responses can be submitted online or by post.

  We will hold meetings where appropriate to facilitate discussion of the report. Special arrangements will be made to consult groups whose first language is not English.

Criminal Records

Mr Gil Paterson (Central Scotland) (SNP): To ask the Scottish Executive whether voluntary organisations that are involved in working with children are under any legal obligation to carry out Scottish Criminal Record Office checks.

Hugh Henry: Criminal record checks are now mostly carried out under Part V of the Police Act 1997 through the issue of criminal conviction and criminal record certificates. There is, however, no provision in Part V which requires a person to apply for a certificate. Nevertheless, those making appointments, whether paid or unpaid, to positions which give access to children or vulnerable adults have a responsibility to do as much as they can to ensure that those being appointed are suitable persons to have access to children and vulnerable adults. Asking potential recruits to apply for a criminal conviction certificate under Part V of the Police Act will help organisations make safer recruitment decisions. We are making available £1 million per annum so that volunteers working with children and vulnerable adults in voluntary organisations may be able to obtain certificates without cost.

  Regulations made under the Regulation of Care (Scotland) Act 2001 require that providers and managers of care services are fit persons and that any person they employ (paid or unpaid) is a fit person. These regulations apply to all types of organisations that provide care services. One of the fit person criteria relates to criminal conviction information. Access to that information is available only through Part V of the Police Act 1997. This means that a Part V certificate will be needed to satisfy the requirements of the regulations.

  When the Protection of Children (Scotland) Bill is enacted it will be an offence for an organisation to employ in a child care position a person who is on the list of people deemed unsuitable to work with children. Access to names on the list will only be available through Part V certificates. This will effectively mean that child care organisations in all sectors will have to ask those they intend to employ to apply for a criminal record certificate.

Debt

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive whether targeting the £3 million grant to councils for specialist money/debt advice and specifically excluding other forms of advice and assistance represents best value in the light of the complexity of the problems facing people seeking advice on debt.

Ms Margaret Curran: Our additional investment of £3 million to increase the number of money advisers in Scotland is being channelled through local authorities, because they are best placed to assess local provision and local needs. In many local authority areas the extra funding will be used to support voluntary sector and other advice agencies. Specialist money advisers have the skills and knowledge to take full account of the complexity of debtors’ circumstances. This may include looking at income maximisation through tax and benefits systems, and looking at housing and employment issues. In particular specialist money advisers will be able to assist debtors to participate in the new statutory Debt Arrangement Scheme, which is proposed in the Debt Arrangement and Attachment (Scotland) Bill. Advisers refer clients to others for additional advice on others matters, where this is needed and is in the best interest of the client.

Doctors

Colin Campbell (West of Scotland) (SNP): To ask the Scottish Executive how many medical graduates from each university in 2002 applied for medical and surgical junior house posts in Scotland as their first option; how many obtained such posts, and how many found such posts elsewhere in the UK.

Mrs Mary Mulligan: Information on applications for medical and surgical junior house posts in Scotland is not held centrally.

  Information on the destination of graduates from Scottish Medical Schools for 2001 is in the following table. Information for 2002 will become available in January 2003.

  Destination of 2001 Graduates from Scottish Medical Schools as at November 2001

  
 Taking up PRHO posts in
Aberdeen Dundee
Edinburgh Glasgow
 Scotland
154 112
190 188
 England and Wales
4 17
3 4
 Northern Ireland
0 1
0 3
 HM Forces
0 0
0 0
 Abroad
2 2
0 1
 Not Known 
1 6
1  Total
160 133
199 197

Drug Misuse

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive how much has been spent on drug-related activities in each year since 1998-99, broken down by expenditure on (a) education, (b) rehabilitation and (c) treatment by Argyll and Clyde Drug Action Team.

Hugh Henry: Detailed spend on drug-related activities at a local level is not held centrally. However, some information is contained within the Argyll and Clyde Alcohol and Drug Action Team Corporate Action Plan which can be found on the national drugs website at:

  http://www.drugmisuse.isdscotland.org/.

  Funding for drug-related activities is not allocated directly to Drug Action Teams, but through statutory funding streams. Funding for drugs-specific treatment services allocated to Argyll and Clyde NHS Board from 1998-99 to 2003-04 is as follows:

  Treatment

  
 NHS Board
1998-99(£000)
1999-2000(£000)
2000-01(£000)
2001-02(£000)
2002-03(£000)
2003-04(£000) 
Argyll and Clyde 709
901 984
1,111 1,338
1,338 

  The bulk of the funding for drugs education and for rehabilitation is made available through GAE settlement. However, additional funding for drugs-specific education and rehabilitation was allocated as follows for the period 2001-02 to 2003-04.

  Drugs Education in Schools

   
Council Area 2001-02(£)
 East Renfrewshire*
21,350  Renfrewshire
32,989  West Dunbartonshire*
20,970  Inverclyde
18,500  Argyll 
and Bute 17,552 

  Rehabilitation Services

   
Council Area 2001-02(£000)
2002-03(£000)
2003-04(£000) 
East Renfrewshire* 119
119 119
 Renfrewshire
235 235
235  West Dunbartonshire*
126 126
126  Inverclyde
113 113
113  Argyll and 
Bute 119
119 119


  In addition, the following funding was allocated to local authorities for drug-related work with young people and families.

  Changing Children’s Services Fund

   
Council Area 2001-02 to 
2003-04(£000) 
East Renfrewshire* 139
 Renfrewshire
668  West Dunbartonshire*
510  Inverclyde
375  Argyll and 
Bute 259 

  Note:

  * Only part of the council area is contained within the boundaries of Argyll and Clyde Alcohol and Drug Action Team.

Education

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive what action is being taken to bring the poorest-performing 20% of pupils at standard grade closer to the performance of all pupils in the Renfrewshire Council area.

Nicol Stephen: All education authorities are being asked to set for the first time, via the School Improvement Framework, a target for the average level of qualifications gained by the lowest attaining 20% of S4 pupils for the academic year 2004-05. Each education authority is responsible for agreeing with its schools what action will be taken to improve performance. The Scottish Executive will be monitoring progress and providing support to authorities and schools in sharing information about effective strategies.

Education

Brian Fitzpatrick (Strathkelvin and Bearsden) (Lab): To ask the Scottish Executive what progress is being made in providing every primary and secondary school with a broadband internet connection.

Nicol Stephen: The 2001-02 Schools’ ICT Survey (available on the internet at http://www.scotland.gov.uk/stats/bulletins/00193-00.asp ) indicated that 49% of secondary schools, 8% of primary schools and 13% of special schools had broadband internet connections of at least 2 Mbps.

  The formal procurement of pubic sector broadband in the two Pathfinder areas, South of Scotland and Highlands and Islands, is under way with the recent publication of contract notices for both projects in the European Journal. This should provide broadband connections to every school in the eight local authority areas that are participating in the Pathfinder Projects. The lessons learned from the pathfinder projects will inform detailed plans to get broadband connections to every school.

Environment

Dorothy-Grace Elder (Glasgow) (Ind): To ask the Scottish Executive what assessment has been made of the Good Neighbour Agreement between Dundee City Council, Dundee Energy Recycling Limited, Friends of the Earth Scotland and local community groups in Dundee.

Allan Wilson: The Scottish Executive is funding research by Friends of the Earth to assess the effectiveness of Good Neighbour Agreements. This work will include looking at the agreement involving the waste to energy plant at Baldovie, Dundee.

Environment

Robin Harper (Lothians) (Green): To ask the Scottish Executive what procedures it will use to determine the planning application to allow and extend the waste disposal facility and to construct a leachate treatment plant at Acheninnes landfill site, Dalbeattie, and how it will receive and consider representations concerning Scottish Natural Heritage’s proposed conditions to conserve the bog bush-cricket at that location.

Ms Margaret Curran: The planning application for an extension to the Aucheninnes site was notified to the Scottish ministers on 27 November by Dumfries and Galloway Council. It will now be assessed in the context of the statutory development plan and relevant national planning policies to decide whether it should be called in for determination by the Scottish ministers or cleared back to the council for them to deal with as they think fit. Any representations received by the Scottish ministers will be taken into account as part of the assessment process before a decision is reached.

Environment

Robin Harper (Lothians) (Green): To ask the Scottish Executive whether the legal agreement proposed by Scottish Natural Heritage to protect the population of bog bush-crickets at Acheninnes landfill site, Dalbeattie, will be subject to public consultation before it is entered into and whether such an agreement requires the Executive’s approval.

Ms Margaret Curran: The content of the proposed legal agreement would generally be a matter for the signatories, who in the case of the Aucheninnes development would be Dumfries and Galloway Council, Scottish Natural Heritage and the applicant. There would not be a public consultation on the agreement although it would be perfectly acceptable for interested parties to make their views known to the signatories prior to the completion of the agreement. If the planning application were to be called in for determination by the Scottish ministers, the terms of the legal agreement would be a material consideration.

Environment

Robin Harper (Lothians) (Green): To ask the Scottish Executive what procedures it, or Scottish Natural Heritage, will adopt to determine the likely effectiveness of the legal agreement proposed by Scottish Natural Heritage to protect the population of bog bush-crickets at Acheninnes landfill site, Dalbeattie; how the results of any public consultation on the agreement will be considered, and whether a public inquiry is the most appropriate mechanism for such consideration.

Ms Margaret Curran: It is intended that the legal agreement will cover a management plan for the site and the adjacent land as requested by Scottish Natural Heritage (SNH) in order to assist in sustaining the bog bush-cricket population at the Aucheninnes site. The effectiveness of the management plan would be monitored as part of the agreed processes.

  The terms of the legal agreement will be a matter for Dumfries and Galloway Council, SNH and the applicant, although the Scottish ministers would consider the details of the agreement if the planning application were to be called in for their own determination.

Environment

Robin Harper (Lothians) (Green): To ask the Scottish Executive whether it has been notified by Dumfries and Galloway Council of a planning application to alter and extend the waste disposal facility and to construct a leachate treatment plant at Aucheninnes landfill site, Dalbeattie, affecting bog bush-crickets in that location, which Scottish Natural Heritage indicate may result in extinction of bog bush-crickets within Scotland.

Ms Margaret Curran: The planning application for the Aucheninnes site extension was notified to the Scottish ministers by Dumfries and Galloway Council on 27 November. It is now being assessed to decide whether it should be called in for determination by the Scottish ministers or cleared back to the council for them to deal with as they see fit.

Environment

Mr Brian Monteith (Mid Scotland and Fife) (Con): To ask the Scottish Executive what environmental improvement grants are currently available to community councils and other community groups.

Ross Finnie: A wide range of grants for environmental improvement are available from the Scottish Executive and others. I have listed some of the main sources.

  Scottish Executive: Sustainable Action Fund

  The fund supports organisations which promote sustainable development in Scotland, and Sustainable Action Grants are available to support a variety of the most innovative projects which are put forward. Further information is available at www.sustainable.scotland.gov.uk.

  Scottish Executive: Community Environmental Renewal Grants

  Bids are invited from local communities, or bodies which can demonstrate that they are working with local communities, for projects which address the environmental effects of past or present aggregates extraction. Further information is available at www.sustainable.scotland.gov.uk.

  Forward Scotland: Small Project Grants

  Launched in 1997, Forward Scotland's Small Project Grants scheme has successfully assisted, advised and financially supported over 200 projects, in 30 local authority areas. The scheme provides grants of up to £1,000 to assist constituted groups to research, plan and build the capacity to implement sustainable development projects within their community that improve the quality of the local environment. Further information is available at www.forward-scotland.org.uk.

  Scottish Natural Heritage

  Scottish Natural Heritage offers grants to help individuals and organisations carry out projects which match its aims. Grants are available for a wide range of projects which:

  improve the conservation of species, habitats and landscapes;

  promote public enjoyment of the natural heritage, and

  increase awareness and understanding of the natural heritage.

  The Community Grant scheme is available to help people take a more active role in enjoying and managing the natural heritage in their local area by:

  increasing awareness and understanding of local natural heritage;

  improving degraded areas through active management;

  improving access for all;

  acquiring and managing land, and

  supporting communities to develop the longer term capacity to undertake and manage projects.

  Further information is available at www.snh.org.uk.

  Fresh Futures has over £3 million to support communities throughout Scotland (with priority given to those living in deprived areas) to improve local green spaces and progress projects working towards sustainable solutions to issues surrounding energy, transport and waste. The scheme has a total of £1 million (of which £250,000 has yet to be committed) to provide grants to local community groups, community councils, and other organisations that are working for communities, to support a range of projects including:

  developing community use of school grounds and other institutions;

  adapting school grounds for community use;

  improving the look of (and access to) community green spaces;

  enhancement of green corridors

  developing local nature reserves and enhancing local biodiversity;

  education and awareness programmes based on local green space;

  local waste management schemes, including community composting and vermiculture;

  community energy schemes supply community facilities;

  energy advice, fuel poverty and fuel efficiency;

  providing an alternative to road transport, such as footpaths and cycle routes, and

  improving community access to information on public transport.

  Fresh Futures is a partnership between Scottish Natural Heritage and Forward Scotland. Further information is available at www.fresh-futures.org.uk.

  Transforming Waste.

  The New Opportunities Fund Transforming Waste programme will be launched in February 2003. In Scotland the programme is led by Forward Scotland in partnership with the Recycling Advisory Group Scotland, the Scottish Environment Protection Agency and Keep Scotland Beautiful. As Transforming Waste Scotland it will have a total of £4.3 million of grant to distribute to community-based organisations working in partnership with local authorities and business. This open grant scheme will fund projects designed to expand community sector waste re-use, recycling and composting activities and promote awareness raising and capacity building. Community groups will need to demonstrate that they complement the actions identified in their local waste management strategy.

  Transforming your space.

  Fresh Futures have been selected to manage the Transforming your space programme on behalf of the New Opportunities Fund. The programme is designed to help communities improve their local environments by making them safer, healthier, greener, cleaner, better designed, more welcoming and accessible to all. Targeting the themes of Local Environment, Public Green and Open Spaces, Local Access, Community Assets and Community Gardens, the Transforming your Space programme will help people in some of Scotland's most disadvantaged communities tackle issues like pedestrian safety, litter, graffiti and pollution. A total grant fund of £4.25 million will be available over two years, offering an exciting opportunity for Fresh Futures and Scotland's communities to build on the successes of the current Fresh Futures Open Grant Programme. The programme will be launched in February 2003 with a first deadline for receipt of applications on 31 March 2003. Further information is available at www.fresh-futures.org.uk.

  Highlands and Islands Enterprise (HIE)

  The HIE Network assists community development activity through its Community Action Grant (CAG) scheme. The CAG budget is a fund set aside by the network to help development projects undertaken by properly constituted voluntary groups. Typically, they will be projects to assist the acquisition or upgrading of community assets or facilities, such as village halls or sports facilities, although they can range right down to the purchase of toys for a playgroup.

  The Heritage Lottery Fund is helping communities throughout the United Kingdom to protect and open up their countryside, parks and gardens and to make vital contributions to nature conservation. The fund particularly wants to encourage projects involving land and countryside that is of outstanding importance, especially where this is at risk. The also encourages strategic projects that aim to improve a whole area or a particular type of landscape. Further information is available at www.hlf.org.uk.

Ferry Services

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive how many sailings have been missed between the mainland and the northern isles since Northlink Orkney and Shetland Ferries Ltd took over the routes from P & O Scottish Ferries.

Lewis Macdonald: I understand that Northlink Orkney and Shetland Ferries Ltd intends to publish detailed information on missed sailings and late arrivals on its website at www.northlinkferries.co.uk , and I refer the member to that site for regular performance information. I expect to receive a monthly report from the company, in terms of our agreement with them, within six weeks of the end of the month concerned.

Fire Service

Fiona McLeod (West of Scotland) (SNP): To ask the Scottish Executive what the cost of security has been so far at fire stations during the current industrial action by fire service personnel and from which budget this cost will be funded.

Hugh Henry: The security of fire stations is a matter for individual fire authorities and this information is not available centrally.

Firearms

Dennis Canavan (Falkirk West): To ask the Scottish Executive what the procedure is for chief constables to obtain permission from it for the use of baton rounds.

Mr Jim Wallace: The decision to use baton guns, in response to a specific incident or threat, is an operational matter for each chief constable. Guidelines on the tactical deployment of baton guns and other less lethal options is contained in a joint Association of Chief Police Officers/Association of Chief Police Officers in Scotland Manual of Guidance on the Police Use of Firearms . Rules of engagement conform to guidelines issued by the Lord Advocate.

Firearms

Dennis Canavan (Falkirk West): To ask the Scottish Executive which police forces have applied to it for permission to use baton rounds since baton rounds were purchased by police forces and whether such permission has been granted or refused in each case.

Mr Jim Wallace: In response to a request from the Association of Chief Police Officers in Scotland in August 2001, ministers indicated that they were content for Scottish forces to procure baton guns as a less lethal option to firearms during firearms incidents. A decision on whether to use baton guns, in response to a specific incident or threat, is an operational matter for each chief constable.

Firearms

Dennis Canavan (Falkirk West): To ask the Scottish Executive whether it will seek parliamentary approval before any police force uses baton rounds.

Mr Jim Wallace: No. The decision to use baton guns, in response to a specific incident or threat, is an operational matter for each chief constable.

Firearms

Dennis Canavan (Falkirk West): To ask the Scottish Executive whether it will issue a specific guidance manual on the possible use of baton rounds by police forces rather than using the Manual of Guidance on the Police Use of Firearms , produced by the Association of Chief Police Officers.

Mr Jim Wallace: We have no plans to do so.

Fisheries

Richard Lochhead (North-East Scotland) (SNP): To ask the Scottish Executive whether any formal request has been made to Her Majesty's Government to allow the Executive to officially lead the UK delegation at EU Council meetings.

Ross Finnie: I refer the member to the answer given to question S1W-22474 on 25 February 2002. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at   http://www.scottish.parliament.uk/webapp/wa.search .

Fisheries

Richard Lochhead (North-East Scotland) (SNP): To ask the Scottish Executive whether it will detail each stage of the procedure that would have to be followed if it were to submit a request to Her Majesty's Government that the Executive be officially designated to lead the UK delegation to the EU Fisheries Council

Ross Finnie: The procedures surrounding the attendance and role of Ministers from Devolved Administrations at Council meetings is outlined in paragraphs B4.12-13 of the Concordat on the co-ordination of EU policy issues.

Fisheries

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive what the cost would be of an (a) 50% and (b) 80% tie-up for (i) one, (ii) two and (iii) three years for the white fishing fleet.

Ross Finnie: The overall costs of any such approach would depend on the basis on which eligibility for, and amounts of, such aid was determined. Very substantial levels of aid would be needed if it were to make a significant impact on fishing activity.

  Any scheme of assistance would also need to respect the appropriate provisions in EC law, notably Article 16 of Council Regulation (EC) No 2792/1999.

Fisheries

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive, further to the answer to question S1W-31074 by Ross Finnie on 20 November 2002, why it will not state which of its representatives spoke at the Agriculture and Fisheries Council meeting on 14-15 October 2002; why it regards such information as confidential, and whether it will now provide the information sought in that question.

Mr Jim Wallace: The Scottish Executive's participation in the EU policy-making process is subject to the Concordat on the co-ordination of EU policy issues, which includes explicit provisions on the confidentiality of discussions.

Forestry

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether there are any difficulties in bringing into operation the new Scottish Forestry Grants Scheme and, in particular, in relation to the software to be used in connection with the scheme and its administration; whether there is any delay in when the scheme will come into operation; what the planned start date is; when the scheme will be fully operational, and whether European Union approval was required in respect of the scheme and, if so, whether this has been obtained.

Allan Wilson: The Scottish Forestry Grants Scheme (SFGS) represents a major change from the current Woodland Grant Scheme and Farm Woodland Premium Scheme (both of which operate across Great Britain). Development of information systems to support SFGS is a significant task and, to ensure that the systems are properly developed and tested, the Forestry Commission has recently announced that applications for SFGS will not be accepted until June 2003, after which the scheme should be fully operational. This represents a two-month delay to the original target date of April 2003, but the existing grant schemes are being kept open for an additional two months to minimise any inconvenience to the industry.

  The necessary changes to the Scottish Rural Development Plan have been approved by the EU STAR (Agricultural Structures and Rural Development Committee), as announced on 19 November.

Glasgow Harbour

Pauline McNeill (Glasgow Kelvin) (Lab): To ask the Scottish Executive why social housing has not been included in the Glasgow Harbour development and whether such housing will be included in the Clyde waterfront regeneration project.

Pauline McNeill (Glasgow Kelvin) (Lab): To ask the Scottish Executive how the Glasgow Harbour development and Clyde waterfront regeneration project will improve the social and housing mix in the west end of Glasgow.

Ms Margaret Curran: The outline planning application for this proposed development was cleared back to Glasgow City Council on 28 June 2001 by ministers. It was for the council to decide what issues were relevant when determining whether to grant planning permission.

Health

Richard Lochhead (North-East Scotland) (SNP): To ask the Scottish Executive how many sudden deaths from alcohol poisoning have occurred in each NHS board area in each of the last five years showing the percentage change (a) year on year and (b) over the whole five-year period.

Hugh Henry: The information requested is not available. The World Health Organisation’s International Statistical Classification of Diseases and Related Health Problems (ICD), which is used to classify deaths in Scotland, does not have separate categories for "sudden" deaths.

Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it will implement in full the recommendations of the expert support team called in to Argyll and Clyde NHS Board and, if so, what the timescale for so doing will be.

Malcolm Chisholm: I refer the member to the answer given to question S1W-32073 on 5 December 2002. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:   http://www.scottish.parliament.uk/webapp/wa.search .

Health

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether resources are committed in all instances to support the implementation of new guidelines and recommendations for NHS primary care treatment.

Malcolm Chisholm: NHSScotland is expected to implement evidence-based guidelines and recommendations from bodies such as SIGN. As guidelines are an integral part of the development of condition-specific standards by the Clinical Standards Board for Scotland, the board's assessment of compliance with these standards, and with its clinical governance or generic standards, ensures that procedures are in place locally to implement relevant evidence-based guidelines and recommendations. However, NHS boards are responsible for decisions about the level of resource to commit to this work.

Health

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive what the total cost of medical negligence claims against the NHS has been in each of the last 10 years, broken down by the (a) amount of any compensation paid to the claimant and (b) total costs of handling any such claims, and whether it has assessed such costs against those of a "no fault" health insurance scheme.

Malcolm Chisholm: The following table provides details of the cost of medical negligence claims over the last 10 years.

  
 Financial Year
Total Award Total 
Expenses Total Cost
 1992-93
£1,794,429 £277,558
£2,071,987  1993-94
£1,892,312 £252,290
£2,144,602  1994-95
£3,051,962 £342,016
£3,393,978  1995-96
£3,554,930 £569,043
£4,123,973  1996-97
£4,059,883 £535,621
£4,595,504  1997-98
£3,521,199 £623,936
£4,145,135  1998-99
£3,303,709 £653,383
£3,957,092  1999-2000
£2,955,357 £555,778
£3,511,135  2000-01
£3,925,462 £890,870
£4,816,332  2001-02
£6,462,315 £815,534
£7,277,849 

  There has been no comparison undertaken between compensation paid in these cases and what the levels of compensation may have been paid under a "no fault" health insurance scheme.

  There are currently no plans to alter the way in which compensation is claimed and settled for acts of possible clinical negligence. However, you will be aware that in response to the reports published earlier in the year, by the Royal Society of Edinburgh and the Church of Scotland, the Scottish Executive established an expert group to look at current compensation arrangements for patients injured by the NHSScotland. This group is due to report by the end of 2002.

Historic Buildings

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive, further to the answer to question S1W-31034 by Dr Elaine Murray on 19 November 2002, whether it will list for each of the last five years those historic buildings for which new uses have been found.

Dr Elaine Murray: I have asked Graeme Munro, Director and Chief Executive of Historic Scotland to reply. His response is as follows:

  The term historic buildings can refer to both listed buildings and scheduled monuments, although the latter covers a much wider range of types of monument. No record is kept by the Scottish Executive of the number of historic buildings for which a new use has been found. Records on changes to scheduled monuments are available for the last five years but these do not distinguish between different types of work for which consent is sought. Thus it is not possible to provide information on scheduled monument applications for the re-use of historic buildings.

  The granting of consent for a change of use to a listed building is a matter for the relevant planning authority to determine. Where a change of use involves an alteration or extension to a building listed at category A or B for which listed building consent is required, the local planning authority, if they are minded to grant consent, refer the matter to Historic Scotland for clearance. No such referral is required for buildings listed at category C(S), except in the case of demolition. Historic Scotland dealt with some 12,000 clearances in the five years up to 31 March 2002, with 97% cleared within 28 days.

  Monuments of national importance are added to the schedule for the purpose of preservation and this guides all consent decisions. The granting of consent for any works to a scheduled monument for the purpose of repairing it or any part of it or of making any alterations or additions to it is a matter for Historic Scotland under statutory powers delegated by the Scottish ministers. The total number of scheduled monument consent applications received in the five years up to 31 March 2002 totalled 1,097. In the vast majority of those cases the work was considered to be appropriate and consent was granted, often subject to conditions. Only a very small number of those applications involved the re-use of historic buildings and in those cases the preservation needs of the monument were the principle consideration.

Housing

Mr Kenneth Gibson (Glasgow) (SNP): To ask the Scottish Executive how much of the £215 million announced in the ministerial statement on housing by the Minister for Social Justice on 7 November 2002 will be used to provide grant assistance for private sector housing.

Ms Margaret Curran: Of the sum of £215 million announced on 7 November, £170 million will be allocated to local authorities on the basis of up to £50 million in financial year 2003-04 and £60 million in each of the following two years. The method for allocation between authorities is currently the subject of consultation with COSLA and figures for each authority are therefore not yet available. These resources will be available for local authorities to provide grant assistance to owners of private sector housing and for other purposes related to the improvement of housing conditions in the private sector.

  The remaining sum of £45 million, which includes £10 million per year announced following the 2001 Spending Review, will be used by the Executive directly or through local authorities to take forward other priorities arising from the recommendations of the Housing Improvement Task Force and for related matters. I will take decisions on the allocation of the funding once I have had the opportunity to consider the recommendations of the task force. In the meantime, none of this funding has been earmarked.

Housing

Tricia Marwick (Mid Scotland and Fife) (SNP): To ask the Scottish Executive what the current level of outstanding grant applications is for the removal of lead piping in domestic premises in each local authority area.

Ms Margaret Curran: Information on the number of applications for grant to remove lead piping in domestic premises which have not been approved, or have been approved and not paid, is not held centrally.

Housing

Robert Brown (Glasgow) (LD): To ask the Scottish Executive whether it will introduce a requirement that managers or persons in charge of houses of multiple occupation have permanent responsibility for complying with the licenses of such properties.

Ms Margaret Curran: The Scottish Executive has no plans to change the provision whereby the owner of a house in multiple occupation is responsible for obtaining a licence and ensuring compliance with the conditions of the licence.

Housing

Robert Brown (Glasgow) (LD): To ask the Scottish Executive what action it is taking to enable prosecutions of unlicensed houses of multiple occupation to be brought against absentee and foreign-based house owners.

Ms Margaret Curran: A prosecution can be brought against an owner residing anywhere within the UK. If they are outside the UK, the position is the same as for other offences which do not carry the possibility of a sentence of imprisonment. A Complaint can be served on them and, if they fail to appear for trial, trial may, with leave of the sheriff, proceed in absence under the terms of the Criminal Procedure (Scotland) Act 1995. At present any penalty imposed would not be enforceable outside the UK, but steps are being taken by the European Union to make it possible for fines imposed in one member state to be levied in another member state. There are no obvious prospects of such arrangements being extended to countries outside the European Union. The negotiation of such international agreements is a reserved matter.

Housing

Robert Brown (Glasgow) (LD): To ask the Scottish Executive how many prosecutions have been brought against the owners of unlicensed houses of multiple occupation in (a) Edinburgh and (b) Glasgow in each year since 1999.

Ms Margaret Curran: (a) No cases have been reported to the Procurator Fiscal at Edinburgh and, accordingly, none have been prosecuted.

  (b) One case was reported to the Procurator Fiscal at Glasgow on 29 October 2002. It is being prosecuted but has not yet been called in court.

Justice

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive how many (a) reports to procurators fiscal, (b) proceedings taken by procurators fiscal and (c) convictions in respect of offences that were racially aggravated, as defined in section 96 of the Crime and Disorder Act 1998, there have been in each year since the act came into force.

Mrs Elish Angiolini: In the last year (April 2001 to March 2002) prosecutors received 1,315 cases from the police which either included charges of racially aggravated harassment behaviour or separate statutory racial aggravations. Proceedings which included either a statutory charge or aggravation were taken by procurators fiscal in 95% of these cases. There is no comprehensive information available regarding convictions.

  Continuing improvements in our office IT systems will enable us for the first time to track all cases which included separate statutory racial aggravations. Statistics from previous years have been included in the Crown Office and Procurator Fiscal Service Annual Reports but were of a more limited nature.

Learning Disabilities

Robin Harper (Lothians) (Green): To ask the Scottish Executive what the average annual spend per capita on learning disability services is in Scotland as compared with levels of such spend in England and Wales.

Mr Frank McAveety: The last available information on this, as set out in May 2000 in The same as you? was that health and local authorities in England spent £59 each year on learning disability services for every person in the population, authorities in Wales spent £63, and the equivalent spend in Scotland was £54.

Local Government Finance

Margaret Jamieson (Kilmarnock and Loudoun) (Lab): To ask the Scottish Executive what action it is taking to ensure that local authorities spend grant-aided expenditure allocations in the areas intended.

Mr Andy Kerr: Grant-aided expenditure assessments are not ring-fenced allocations. They are elements in a distribution formula which determines the allocation of block grant to local authorities. We expect authorities to make their own decisions about how to spend that block grant, taking into account national priorities and local circumstances. We discuss and agree those priorities with COSLA and are developing local outcome agreements, linking national priorities with local service outcomes. A small proportion of funding to councils is provided through ring-fenced specific grants.

NHS Funding

Richard Lochhead (North-East Scotland) (SNP): To ask the Scottish Executive when its standing committee under Sir John Arbuthnott to review the formula for the allocation of NHS board funding was established.

Malcolm Chisholm: Susan Deacon announced on 21 March 2001, in reply to question S1W-14299 lodged on 21 March 2001, the establishment of the Standing Committee on Resource Allocation.

NHS Funding

Richard Lochhead (North-East Scotland) (SNP): To ask the Scottish Executive how often, and when, its standing committee under Sir John Arbuthnott to review the formula for the allocation of NHS board funding has met.

Malcolm Chisholm: The Standing Committee on Resource Allocation has met on three occasions - in June and September 2001 and in August this year.

NHS Funding

Richard Lochhead (North-East Scotland) (SNP): To ask the Scottish Executive which organisations are represented on its standing committee under Sir John Arbuthnott to review the formula for the allocation of NHS board funding.

Malcolm Chisholm: The membership of the Standing Committee on Resource Allocation comprises experts, senior managers from NHSScotland and officials from the Scottish Executive Health Department. The experts and senior managers, and the organisations that they represent are as follows:

  David Bolton, Director of Primary Care, Lothian Primary Care NHS Trust

  Dr Adam Bryson, Medical Director, National Services Division, CSA

  Richard Copland, Director, Information and Statistics Division, CSA

  Dr John Curnow, Director of Public Health, Orkney NHS Board

  Dr Frances Elliot, Medical Director, Fife Primary Care NHS Trust

  Mrs Lesley McLay, Director of Nursing, NHS24

  Ms Fiona Mackenzie, Chief Executive, Forth Valley NHS Board

  Colin Masson, Director of Finance, Tayside University Hospitals NHS Trust

  Professor Lewis Ritchie, James Mackenzie Professor and Head of Department, University of Aberdeen; General Practitioner, Peterhead and Honorary Consultant in Public Health Medicine, Grampian NHS Board

  Matthew Sutton, Senior Research fellow, Glasgow University and formerly Economic Adviser within the Health Department

  Dr Lesley Wilkie, Director of Public Health, Argyll and Clyde NHS Board

  Professor Kevin Woods, William R Lindsay Chair in Health Policy and Economic Evaluation at Glasgow University.

NHS Funding

Richard Lochhead (North-East Scotland) (SNP): To ask the Scottish Executive when its standing committee under Sir John Arbuthnott to review the formula for the allocation of NHS board funding will produce its conclusions and whether these conclusions will be made available in the Scottish Parliament Information Centre.

Malcolm Chisholm: I expect the Standing Committee on Resource Allocation to produce its conclusions by the summer of 2003. I see no reason why its conclusions should not be available in the Parliament’s Reference Centre.

National Parks

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive why the title of the proposed National Park is "Cairngorms", given that there is only one peak named "Cairngorm", and what consideration it gave to the evidence submitted to the Rural Development Committee on this matter.

Allan Wilson: The title reflects the consensus which emerged from those who responded on this matter to the Scottish Natural Heritage consultation. That consensus favoured the use of "Cairngorms" in the title of the National Park, to differentiate between the single peak and the mountain range.

  The issue of the title of the park was not one highlighted by the Rural Development Committee in its letter to me of 14 October conveying the views of the committee following its evidence-taking sessions.

Nitrate Vulnerable Zones

Karen Gillon (Clydesdale) (Lab): To ask the Scottish Executive what progress has been made regarding the designation of the lower Nithsdale as a nitrate vulnerable zone.

Ross Finnie: Announcements made earlier in the summer designated Moray, Aberdeenshire, Banff and Buchan, Strathmore, Fife, and Lothian and the Borders as nitrate vulnerable zones. A subsequent report by the British Geological Survey presented evidence of a significant and rising trend in the nitrate levels in the Dumfries aquifers which provide drinking water for the public supply, and most critically, samples from one borehole indicated nitrate levels of over 50mg/l, the level at which the EC Nitrates Directive requires designation to be made.

  After discussion with farmers’ representatives we are therefore taking a proportionate step to halt the spread of nitrates into the drinking water. I have today made regulations designating the lower Nithsdale as a new groundwater nitrate vulnerable zone (NVZ).

  Copies of the detailed maps of the NVZ which accompany the regulations will be placed in the Parliament’s Reference Centre, at local Scottish Executive Environment and Rural Affairs Department area offices and in the Executives' offices at Pentland House and Victoria Quay in Edinburgh.

Nutrition

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive what steps it is taking to encourage local authorities to provide free milk to primary school children; what information it has with regard to the extent to which milk is available free to such children; whether it will publish a table indicating the policy applicable in each local authority area on the provision of such milk and indicating the ages of children that receive it, and what further steps need to be taken to provide young children with free school milk as a source of nutrition and a means of creating healthy bones and combating osteoporosis.

Cathy Jamieson: The Scottish Executive does acknowledge the importance of milk as part of a balanced diet. An adequate calcium intake is essential for the formation of healthy bones, particularly in childhood, and dairy products, including milk, are a good source of calcium for children. Recognising the important part that milk can play, £380,000 a year is provided through the Health Improvement Fund as a top-up to the EC School Milk Subsidy Scheme to support the provision of milk in primary schools.

  In their interim report, the Expert Panel on School Meals devised Nutrient Standards for school lunches based on five food groups. They advised that school lunches should have at least one portion of food from the milk and dairy products group (which includes milk, cheese, yoghurt and milk-based deserts) and that milk as a drink should be available as an option at lunch time each day.

  There are also strong links between osteoporosis and physical activity and these have been considered as part of the work of the Physical Activity Task Force. The task force’s draft report contains activity targets for children that are designed to promote good health.

  While many authorities provide free milk to some or all pupils, the decision on whether to do so is a matter for individual authorities. No data on an individual authority’s policy is available centrally.

Post Office

Robert Brown (Glasgow) (LD): To ask the Scottish Executive when decisions will be made on the £1.5 million allocated for the support of post offices in deprived urban areas.

Ms Margaret Curran: The Executive is currently developing a fund to support post offices in deprived urban areas. Further details will be announced in due course.

Prison Service

Michael Matheson (Central Scotland) (SNP): To ask the Scottish Executive whether it will list each parcel of land that it owns whose value is currently included in the balance sheet of the Scottish Prison Service.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  
 Location
Number Description
 Angus 1
Feuhold plot  Clackmannanshire
1 Feuhold plot
 Dumfries and Galloway
1 Feuhold plot
 East Dunbartonshire
1 Grassland 
Edinburgh 1
Grassland  Falkirk
3 Feuhold plots
 Glasgow
5 Feuhold plots
 North Lanarkshire
4 Feuhold plots
 Perth and Kinross
8 Feuhold plots

Prison Service

Michael Matheson (Central Scotland) (SNP): To ask the Scottish Executive, further to the answers to questions S1W-29901 and S1W-31083 by Mr Jim Wallace on 23 October and 8 November 2002 respectively, whether it will provide a table showing for each transfer of land from the Scottish Prison Service in the last five years (a) the location of each parcel of land transferred, (b) the date on which the land was transferred, (c) the value of the land transferred and (d) the price obtained where the land was transferred by sale

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:

  As stated in the previous answers, no land was transferred from the SPS in the last five years. Surplus land sold by the SPS is as follows.

  
 Location
Financial Year Sale 
Price  Angus
1997-98 £500 
Aberdeenshire 1997-98
£32,000  Inverclyde
1998-99 £21,000
 Aberdeenshire
1998-99 £2,000
 Aberdeenshire
1998-99 £42,000
 Falkirk
1998-99 £425,000
 Falkirk
1998-99 £205,000
 Falkirk
2001-02 £1,000
 Falkirk
2001-02 £7,000


  In addition, land with buildings was sold by SPS as follows.

  
 Location
Land with Buildings Financial 
Year Sale Price
 Various
Staff Quarters 1997-98
£360,210.50  Various
Staff Quarters 1998-99
£186,477.50  Various
Staff Quarters 1999-2000
£93,017.50  Various
Garages 1997-98
£35,869.99  Various
Garages 1998-99
£7,810  Various
Garages 1999-2000
£38,060  South 
Lanarkshire Former HM Prison Dungavel 
2000-01 £450,000
 Dumfries and Galloway
Former HM Prison Penninghame 2000-01
£275,000  Various
Garages 2000-01
£4,850  Various
Staff Quarters 2001-02
£32,465

Prison Service

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive whether it will list all subsequent financing agreements, as defined in section 1.1.105 of the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock .

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  New financing agreements:

  Change of Shareholders in Kilmarnock Prison Services Limited between SPS, Kilmarnock Prison Services Limited (KPSL), Kilmarnock Prison (Holdings) Limited (KPHL), Premier Custodial Investments Limited (PCIL) and Premier Custodial Group Limited (PCGL) dated 27 June 2000.

  Senior Debt Arrangements between SPS, KPSL, Premier Custodial Finance Limited (PCFL) and the Bank of Scotland (BofS), Dai-Ichi Kangyo Bank Limited, WestDeutsche Landesbank Girozentrale, Credit Lyonnais and Barclays Bank plc (the Banks) dated 27 June 2000.

  Subordinated Debt Arrangements between SPS, The Governor and Company of the BofS, PCFL, KPSL and PCIL dated 27 June 2000.

  Side Letter regarding the Senior Facility Agreement dated 9 August 2000.

  Side Letter regarding the Subordinated Facility Agreement dated 9 August 2000.

  Subordinated Debt Accession Agreement between Serco Investments Limited (SIL), Wackenhut Corrections (UK) Limited (WCUK), the Banks, BofS and PCFL dated 30 June 2000.

  Debenture between PCFL and BofS dated 30 June 2000.

  Amended financing agreements:

  Senior Facility Agreement between PCFL and the Banks as amended and restated on 30 June 2000.

  Subordinated Facility Agreement between PCFL, SIL, WCUK, BofS and the Banks as amended and restated on 30 June 2000.

  On-Loan Agreement between PCFL, PCIL, BofS and the Banks as amended and restated on 30 June 2000.

  Intercreditor Agreement between PCFL, the Banks, BofS, SIL, Serco Limited (SL), WCUK, Serco Group plc (SG) and Wackenhut Corrections Corporation (WCC) as amended and restated on 3 July 2000.

  Shareholders’ Agreement between WCC, WCUK, SL, SG, SIL, PCGL, PCIL, KPSL and KPHL dated 30 June 2000.

  Shareholders’ Undertaking between the Banks, WCC, WCUK, SG, SIL, PCIL, PCGL, PCFL, KPSL, KPHL and BofS dated 30 June 2000.

Prison Service

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive what assessment it has made of the progress of the operation of the contract for HM Prison Kilmarnock in comparison with the financial projection contained in schedule P of the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock .

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  No such assessment has been made but the contract costs are in line with those envisaged at the time of contract signature.

Prison Service

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive, further to the answer to question S1W-30810 by Mr Jim Wallace on 12 November 2002, whether it has made any assessment of (a) improvement in quality and (b) cost savings achieved from contracting out education services in prisons.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:

  The education contracts have provided SPS with the opportunity to improve both the quality and scope of the education services provided to prisoners. A number of standards are built in with measurable outputs and these are monitored closely. The contracts were not designed to focus only on costs. The education targets and service demand have increased year on year and total costs have therefore increased.

Prison Service

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive why target 6 in the Justice section of Building a Better Scotland, Spending Proposals 2003-2006: What the money buys  is to provide 6,300 prisoner places by 2005-06, given that the projection for that year made in August 2002, referred to in the Scottish Prison Service press release on 24 September 2002, is for a prison population of 6,900.

Mr Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  Current projections for 2005-06 indicate a basic design capacity for our estate of about 6,100. In addition, the new houseblocks at Polmont and Edinburgh will have over 200 purpose-designed doubling-up cells giving just over 6,300 available spaces.

  These figures do not include the anticipated closure of HM Prison Low Moss, the downsizing of HM Prison Barlinnie or the provision of two new 700-place prisons. Implementation plans and timescales for these recently announced projects are now being prepared.

Public Private Partnerships

Andrew Wilson (Central Scotland) (SNP): To ask the Scottish Executive, with regard to its news release SEFD122/2002 of 11 November 2002, whether the protocol agreed with the Scottish Trades Union Congress on public private partnership contracts will provide transferred employees in Scotland with exactly the same protections as provided by the Cabinet Office statement of practice and what the (a) advantages and (b) disadvantages are of the new system compared with the Cabinet Office model.

Mr Andy Kerr: The protocol, announced on 11 November, applies to all new PPP/PFI projects with immediate effect. It deals with staff who join the Project Company after transfer of the undertaking and who, until now, could have faced less favourable terms and conditions than those enjoying protection under TUPE regulations. Scope for this two-tier workforce has been eliminated by the protocol. The protocol was drafted with regard to the Cabinet Office statement of practice, and operates in tandem with existing guidance. It applies equally to all groups of staff within the Project Company. Use of the protocol will be a condition of funding for all projects in the future.

  In addition, the Scottish Executive announced on 26 November that ministers intend to seek the power to direct local authorities in Scotland to protect the terms and conditions, including the pension rights, of workers transferred to other contractors on a similar basis to the one to be afforded to English and Welsh ministers through the Local Government Bill being published by the Office of the Deputy Prime Minister. The precise means of achieving that will be discussed with the UK Government, since some of the issues concerned are reserved to the UK Parliament.

Public Private Partnerships

Andrew Wilson (Central Scotland) (SNP): To ask the Scottish Executive, with regard to its news release SEFD122/2002 of 11 November 2002, whether any employee transfer groups will not be covered by the protocol agreed with the Scottish Trades Union Congress on public private partnership contracts.

Andrew Wilson (Central Scotland) (SNP): To ask the Scottish Executive, with regard to its news release SEFD122/2002 of 11 November 2002, by what mechanism the protocol agreed with the Scottish Trades Union Congress on public private partnership contracts will be enforced, detailing all actions that can be taken against any party that will not comply with the protocol.

Andrew Wilson (Central Scotland) (SNP): To ask the Scottish Executive, with regard to its news release SEFD122/2002 of 11 November 2002, what investigations it has undertaken in order to ascertain how many private finance initiative and public private partnership contracts the protocol agreed with the Scottish Trades Union Congress will apply to between the date of the protocol coming into effect and 1 May 2003.

Mr Andy Kerr: I refer the member to the answer given to question S1W-31528 today. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:   http://www.scottish.parliament.uk/webapp/wa.search .

Public Sector

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive whether there is any evidence of late payment of bills to businesses by public bodies.

Mr Andy Kerr: The Scottish Executive and other public bodies are committed to pay invoices promptly and their internal policies require this. The Scottish Executive observes the CBI prompt payment code and British Standard 7890. Public bodies record their payment performance in published annual accounts.

Public Sector

Andrew Wilson (Central Scotland) (SNP): To ask the Scottish Executive which public authorities have (a) mixed functions and (b) no reserved functions.

Mr Andy Kerr: The information requested is not held centrally.

Public Sector

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it will consider reforming the law so that public authorities are placed under a statutory obligation to inform the police when they have good grounds to believe that a crime has been committed, or is about to committed, by an employee or employees or anyone on their premises.

Mr Jim Wallace: We have no current plans to do so. At present, employers generally have the option but not the legal obligation to ask the police to investigate suspected crimes on their premises. There are some limited statutory exceptions to this. For example, where employers suspect that money laundering may be taking place, then steps must be taken to bring this to the attention of supervising authorities.

  Regardless of the attitude of public agencies, there is nothing to prevent an employee or any other person making a complaint about a suspected criminal offence to a professional body, the police or the procurator fiscal. The Public Interest Disclosure Act 1998 provides protection for individuals who make certain disclosures of information in the public interest. This includes the disclosure of information which, in the reasonable belief of the worker making the disclosure, tends to show inter alia that a criminal offence has been committed, is being committed or is likely to be committed.

  Nevertheless I will consider the specific examples raised in correspondence from the member and respond to him.

Public Sector Staff

Dr Richard Simpson (Ochil) (Lab): To ask the Scottish Executive what progress has been made with its policy on the location and relocation of public sector jobs in Scotland.

Peter Peacock: We have made good progress. The Enterprise and Lifelong Learning Department is wholly located in Glasgow, the Food Standards Agency Scotland has been set up in Aberdeen and the Public Guardian's Office has been set up in Falkirk. The National Office of the Scottish Commission for the Regulation of Care and the offices of the Scottish Social Services Council has been set up in Dundee. The Scottish Public Pensions Agency is now located in Galashiels, and Scottish Water Headquarters has been set up in Dunfermline.

  Decisions are expected on the location of the Health Education Board for Scotland, sportscotland, and the Common Services Agency of the National Health Service in Scotland and Scottish Natural Heritage and the Scottish Arts Council before the end of this financial year, Her Majesty's Inspectorate of Education by mid 2003 and Registers of Scotland in 2004.

  Rolling this programme forward, I can announce today that we will examine relocation options for the following bodies, with reviews taking place in 2003.

  
 NHS Education in Scotland
Decision, early 2003  Inquiry 
Reporters Unit Decision, mid 2003
 Accountant in Bankruptcy
Decision, end 2003  VisitScotland
Decision, end 2003  Mental Welfare 
Commission Decision, early 2005


  Consideration is being given to setting up the following new bodies.

   
Scottish Building Standards Agency Decision, 
early 2003  NHS Quality Improvement
Decision, early 2003  Mental 
Health Tribunal Service Decision, mid 2003
 Forest Enterprise Scotland
Decision, end 2003 

  If the Executive decides to set up these new bodies, in the case of the Mental Health Tribunal Service and the Scottish Building Standards Agency subject to parliamentary approval, they will be determined in accordance with the relocation policy with a presumption against an Edinburgh location. For organisations being considered following lease breaks, options outwith Edinburgh must be considered.

  It is also the intention of the Executive to provide further guidance on social issues to the bodies covered by the announcement. Currently, unemployment is one of the factors which is taken into account in location reviews. The guidance will make it clear that there is a case for giving greater weight to economic factors such as unemployment and other indicators of deprivation in conducting location reviews.

  These organisations will be examined on a case-by-case basis, with the aim of finding the best location for each organisation, within the context of relocation policy. The position of staff will be a consideration, as will the costs and benefits of the moves. As part of the process, the organisations concerned will continue to consider how most efficiently to conduct their work in line with the most up to date practices and use of technology. There will be opportunities for representations to be made about different locations and full consultation with the organisations concerned and the relevant trade unions.

  In addition, and as an extension to the policy, Mr Kerr announced on 25 October and the First Minister set out on 28 October that the Executive would undertake a review across the organisations covered by the relocation policy to identify small units of work which could be successfully carried out in more remote areas where other opportunities to promote economic activity can be harder to find.

Public Transport

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive how many people in rural areas it estimates have no access to public transport and what assistance it provides to such people under any of its current programmes.

Lewis Macdonald: The Scottish Household Survey (SHS) collects data from a sample of Scottish households on an annual basis. In the three years from 1999 to 2001, on average 7% of people living in rural areas said that they did not have a bus service.

  The Executive supports transport in rural areas through the Rural Transport Fund (RTF). This supports over 400 new or enhanced bus and ferry services and over 100 Rural Community Transport Initiative projects.

Public Transport

Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive, with regard to its news release SEET181/2002 of 14 November 2002, whether it will give a breakdown of the £10.5 million allocated from the Public Transport Fund to the City of Edinburgh Council.

Lewis Macdonald: The City of Edinburgh Council’s successful bid to this year’s Public Transport Fund is for a range of measures to improve access to jobs by better public transport links to key growth areas identified by the council in the West, North and East of the City, including bus link roads to the new Edinburgh Royal Infirmary and Hermiston Gait.

  The breakdown of the £10.5 million allocated over the period 2003-06 is as follows.

  
 Bus Priority Measures
£7.500 million 
Cycling/ Pedestrian Measures £1.110 
million  Bus Stop Infrastructure
£1.890 million 

  It will be for the council to determine its priority measures within these allocations and the specific dates for delivery of each measure. All measures are scheduled to be in place by March 2006.

Road Safety

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive what road safety measures it will implement for the communities of Duror and Kentallen on the A828.

Lewis Macdonald: In addition to the recently completed £233,700 footway in Duror, the final section of footway at the War Memorial is currently being discussed with Highland Council and once agreement is reached this section will be programmed for implementation.

  The double white line system through Duror is due to be refurbished within the next few weeks and improvements to the visibility at Achindarroch junction are being investigated.

  Speed surveys are being undertaken at two locations within Duror and will be used to re-assess the need for a speed limit.

  Officials have contacted the Duror and Kentallen Community Council and a meeting will be arranged with them shortly to discuss these and other issues.

Roads

Alasdair Morgan (Galloway and Upper Nithsdale) (SNP): To ask the Scottish Executive what preparation will be made for the A8 and A80 motorway upgrades over the current spending review period as referred to in the transport section of its Draft Budget 2003-04.

Lewis Macdonald: The Scottish Budget makes provision for preparation work for the delivery of the A8 and A80 upgrades. Further details will be contained in the corridor study decisions which we hope to be able to announce later this year.

Roads

Mr Brian Monteith (Mid Scotland and Fife) (Con): To ask the Scottish Executive whether it provides any advice or guidance to local authorities on the proportion of the local roads network that should be resurfaced or surface dressed each year.

Lewis Macdonald: I refer the member to the answer given to question S1O-5307 on 13 June 2002, which is available on the Parliament’s website, the search facility for which can be found at:

  http://www.scottish.parliament.uk/search.htm.

Roads

Andrew Wilson (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-31347 by Lewis Macdonald on 25 November 2002, why it did not detail what powers it has to introduce legislation in regard to bringing in charges on the existing trunk road network and whether it will rule out introducing any such legislation; why, in the answer, it referred me to the answer to question S1W-30960 by Lewis Macdonald on 6 November 2002 that relates solely to the A80/M80 and states that there is no legislation in place that would permit toll charges on the trunk road network, and whether it will clarify its position in relation to the information sought in S1W-31347.

Lewis Macdonald: The answer given to question S1W-30960 refers to the legislative position as regards the whole trunk road network, and makes clear that there is no legislation in place that would permit charges to be introduced on the existing trunk road network. While the Executive has no current plans to introduce such legislation, we will continue to explore all available options for tackling congestion.

Sexual Abuse

Brian Fitzpatrick (Strathkelvin and Bearsden) (Lab): To ask the Scottish Executive what consideration it is giving to modernisation of the criminal law in respect of adult sexual activity with a child.

Mr Jim Wallace: Sexual offences involving children and young people are contained in both common and statute law. We have no plans to change the law in this area, although we will keep the position under review. In particular, as I said in the answer given to question S1W-31784 on 3 December 2002, we are considering whether a new offence of grooming is needed in Scotland. The Scottish Executive has also established a Working Group on Young Runaways and Children Abused through Prostitution. The group has considered a range of issues including the promotion of good practice and effective early intervention to prevent abuse and exploitation before it happens. The group plans to publish guidance early next year.

  All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at  http://www.scottish.parliament.uk/webapp/wa.search.

Smoking

Brian Adam (North-East Scotland) (SNP): To ask the Scottish Executive what steps it is taking to offer dentists appropriate training on giving advice and guidance to patients to stop smoking.

Mrs Mary Mulligan: Both undergraduate and postgraduate dental education in Scotland offers training in the provision of smoking cessation advice. Training focuses on the role of smoking in oral disease, the role of the dental team in smoking cessation, and the dentist’s role in the provision of smoking cessation advice as part of the wider primary care team.

  All NHS boards presently run optional training courses for health professionals, including dentists, on providing smoking cessation advice to patients. Earlier this year the Scottish Executive established a Partnership for Action on Tobacco and Health (PATH) with funding of £1.5 million over three years. PATH will develop national training standards for delivering smoking cessation training for NHS boards and identify best practice in smoking prevention and cessation for dissemination to health care professionals.

Social Justice

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-29338 by Ms Margaret Curran on 30 September 2002, what its definition of a deprived area is.

Ms Margaret Curran: Deprived areas will be identified using the results from our programme of work to develop area-based deprivation measures, which will be available in time to allow us to develop baseline information for 2003-04.

Student Loans

Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive whether it has given any guidance or instructions to the Student Loans Company on allowing any of its clients involved in industrial action to defer payments.

Iain Gray: No such guidance or instructions have been given.

Substance Misuse

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive, further to the answer to question S1W-30875 by Andy Kerr on 18 November 2002, whether the report providing advice on dissemination to the Effective Interventions Unit in the Substance Misuse Division of its Health Department will be made available in the Scottish Parliament Information Centre.

Hugh Henry: Copies of this report have been delivered to the Parliament’s Reference Centre.

Teacher Training

Mr Lloyd Quinan (West of Scotland) (SNP): To ask the Scottish Executive whether the further stage of its review of initial teacher education is now complete and, if so, when the report of the review will be published.

Nicol Stephen: An appropriate remit, which addresses all the key issues, is currently being developed for the second stage of the review. This development work includes a scoping review to be conducted by Her Majesty's Inspectorate of Education which was announced by the Minister for Education and Young People in October 2002. This scoping review work will be completed early in 2003.

  The second stage of the review of initial teacher education will be completed with the report available by the end of 2003.

Voluntary Sector

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive what action has been taken to increase the number of people across the Renfrewshire Council area who take part in voluntary activities since 1997.

Ms Margaret Curran: We have introduced and are promoting a variety of volunteering initiatives across Scotland aimed at increasing the number of people who take part in voluntary activity.

  Specifically, we have allocated £4.5 million towards developing the Active Communities Initiative throughout Scotland. Its objectives are:

  to bring about more positive attitudes to volunteering and community action;

  to locate volunteering and community action at the heart of Scottish Executive policy;

  to broaden the range of people involved, and

  to increase the number of people involved.

  In addition, we have established and funded a national network of Volunteer Centres across Scotland. Renfrewshire has had a Volunteer Centre since 1999.

  We have also introduced the Valuing Volunteers small grant scheme to enable small, local, service delivery organisation to apply for a grant to recognise, recruit, reward and resource volunteering activity. Over £4,000 has been distributed amongst nine projects in Renfrewshire, during 2002, each receiving grants of up to £500.

Waste Management

Robert Brown (Glasgow) (LD): To ask the Scottish Executive whether local authorities have the power to differentiate between residents by charging housing associations but not owner occupiers or private landlords for taking away bulky items of refuse from back courts.

Ross Finnie: Local authorities have a discretionary power to charge householders for the collection of certain types of household waste, including bulky items. A list of such wastes is prescribed by The Controlled Waste Regulations 1992. In exercising this power, local authorities must determine when charges are to be levied on the basis of practical considerations.

Waste Management

Robin Harper (Lothians) (Green): To ask the Scottish Executive when it will determine whether to call in the planning application to alter and extend the waste disposal facility and to construct a leachate treatment plant at Aucheninnes landfill site, Dalbeattie.

Ms Margaret Curran: The notified planning application for the Aucheninnes site extension was received by the Scottish ministers on 27 November and is now being assessed to decide whether it should be called in for determination by the Scottish ministers or cleared back to Dumfries and Galloway Council for them to deal with as they see fit. Our published target for dealing with such cases is that 80% should be assessed within 28 days, and 100% within two months.

Wildlife

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive what role the Royal Society for the Protection of Birds (RSPB) plays in assisting the police in the detection of wildlife offences.

Allan Wilson: The RSPB sometimes assist in wildlife crime investigations but it is the responsibility of the police to lead enquires and it is for the police to judge whether or not the specialised assistance of the RSPB is required. The Association of Chief Police Officers in Scotland and the RSPB are in the process of setting up a protocol for the reporting and investigation of crimes against birds.

Scottish Parliamentary Corporate Body

Holyrood Project

Ms Margo MacDonald (Lothians) (SNP): To ask the Presiding Officer whether the Scottish Parliamentary Corporate Body (SPCB) received any information from the Audit Committee or the Scottish Commission for Public Audit in relation to the remit given by the Auditor General for Scotland (AGS) to Gardner & Theobold and the subsequent report prepared by Gardner & Theobold to the AGS which assisted in the preparation of the AGS report, The new Scottish Parliament building: An examination of the management of the Holyrood project; if so, what information the SPCB received and whether a copy of the remit and the Gardner Theobold report will be placed in the Scottish Parliament Information Centre, and whether the Commission has made any directions to the SPCB under the Public Finance and Accountability (Scotland) Act 2000 on this matter.

Sir David Steel: No. I am informed by the Convener of the Holyrood Progress Group that Gardiner & Theobold were employed as consultants by Audit Scotland to assist the Auditor General for Scotland in the preparation of his report on the Holyrood Project in 2000. Any questions about their work should be addressed to the Auditor General for Scotland. Neither the Corporate Body nor the Scottish Commission for Public Audit has a locus in this matter.